WALTERS, Et Al. V HOLDER, Et Al. - 14.1 - Attachments: # 1 Exhibit A - ACA Section 1501 - Gov - Uscourts.mssd.71766.14.1

Case 2:10-cv-00076-KS-MTP Document 14-1 Filed 08/01/10 Page 1 of 22
EXHIBIT A
Consolidated version of Patient Protection and Affordable Care Act (“ACA”), Pub. L. No.
111-148, § 1501, 124 Stat. 119, 244 (2010), as amended by ACA § 10106 and the Health Care
and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010)
(to be codified at 26 U.S.C. § 5000A)
F:\P11\NHI\COMP\PPACA-CONSOLIDATED_003.XML
Ppaca & Hcera; Public Laws 111-148 & 111-152: Consolidated Print
One Hundred Eleventh Congress

of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Tuesday,

the fifth day of January, two thousand and ten
An Act
Entitled The Patient Protection and Affordable Care Act.
Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Patient Protec-
tion and Affordable Care Act’’.
øNote: This print is of the Patient Protection and Affordable
Care Act (‘‘PPACA’’; Public Law 111–148) consolidating the amend-
ments made by title X of the Act and the Health Care and Education
Reconciliation Act of 2010 (‘‘HCERA’’; Public Law 111–152). The
text of the Indian Health Care Improvement Reauthorization and
Extension Act of 2009 (S. 1790), as enacted (in amended form)
by section 10221 of PPACA, is shown in a separate, accompanying
document. This document has been prepared by the House Office
of the Legislative Counsel (HOLC) for the use of its attorneys and
its clients; it is not an official document of the House of Representa-
tives or its committees and may not be cited as ‘‘the law’’. HOLC
welcomes any corrections or suggestions to this document; these
should be emailed to edward.grossman@mail.house.gov.¿
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS
Subtitle A—Immediate Improvements in Health Care Coverage for All Americans
Sec. 1001. Amendments to the Public Health Service Act.
Sec. 1002. Health insurance consumer information.
Sec. 1003. Ensuring that consumers get value for their dollars.
Sec. 1004. Effective dates.
Subtitle B—Immediate Actions to Preserve and Expand Coverage
Sec. 1101. Immediate access to insurance for uninsured individuals with a pre-
existing condition.
Sec. 1102. Reinsurance for early retirees.
Sec. 1103. Immediate information that allows consumers to identify affordable cov-
erage options.
Sec. 1104. Administrative simplification.
Sec. 1105. Effective date.
Subtitle C—Quality Health Insurance Coverage for All Americans
PART 1—HEALTH INSURANCE MARKET REFORMS
Sec. 1201. Amendment to the Public Health Service Act.
PART 2—OTHER PROVISIONS
Sec. 1251. Preservation of right to maintain existing coverage.
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Ppaca & Hcera; Public Laws 111-148 & 111-152: Consolidated Print—2
Sec. 1252. Rating reforms must apply uniformly to all health insurance issuers and
group health plans.
Sec. 1253. Annual report on self-insured plans.
Sec. 1254. Study of large group market.
Sec. 1255. Effective dates.
Subtitle D—Available Coverage Choices for All Americans
PART 1—ESTABLISHMENT OF QUALIFIED HEALTH PLANS
Sec. 1301. Qualified health plan defined.
Sec. 1302. Essential health benefits requirements.
Sec. 1303. Special rules.
Sec. 1304. Related definitions.
PART 2—CONSUMER CHOICES AND INSURANCE COMPETITION THROUGH HEALTH
BENEFIT EXCHANGES
Sec. 1311. Affordable choices of health benefit plans.
Sec. 1312. Consumer choice.
Sec. 1313. Financial integrity.
PART 3—STATE FLEXIBILITY RELATING TO EXCHANGES
Sec. 1321. State flexibility in operation and enforcement of Exchanges and related
requirements.
Sec. 1322. Federal program to assist establishment and operation of nonprofit,
member-run health insurance issuers.
Sec. 1323. Community health insurance option østricken¿.
Sec. 1323. Funding for the territories.
Sec. 1324. Level playing field.
PART 4—STATE FLEXIBILITY TO ESTABLISH ALTERNATIVE PROGRAMS
Sec. 1331. State flexibility to establish basic health programs for low-income indi-
viduals not eligible for Medicaid.
Sec. 1332. Waiver for State innovation.
Sec. 1333. Provisions relating to offering of plans in more than one State.
Sec. 1334. Multi-State plans.
PART 5—REINSURANCE AND RISK ADJUSTMENT
Sec. 1341. Transitional reinsurance program for individual market in each State.
Sec. 1342. Establishment of risk corridors for plans in individual and small group
markets.
Sec. 1343. Risk adjustment.
Subtitle E—Affordable Coverage Choices for All Americans
PART I—PREMIUM TAX CREDITS AND COST-SHARING REDUCTIONS
SUBPART A—PREMIUM TAX CREDITS AND COST-SHARING REDUCTIONS
Sec. 1401. Refundable tax credit providing premium assistance for coverage under
a qualified health plan.
Sec. 1402. Reduced cost-sharing for individuals enrolling in qualified health plans.
SUBPART B—ELIGIBILITY DETERMINATIONS
Sec. 1411. Procedures for determining eligibility for Exchange participation, pre-
mium tax credits and reduced cost-sharing, and individual responsibility
exemptions.
Sec. 1412. Advance determination and payment of premium tax credits and cost-
sharing reductions.
Sec. 1413. Streamlining of procedures for enrollment through an exchange and
State Medicaid, CHIP, and health subsidy programs.
Sec. 1414. Disclosures to carry out eligibility requirements for certain programs.
Sec. 1415. Premium tax credit and cost-sharing reduction payments disregarded for
Federal and Federally-assisted programs.
Sec. 1416. Study of geographic variation in application of FPL.
PART II—SMALL BUSINESS TAX CREDIT
Sec. 1421. Credit for employee health insurance expenses of small businesses.
Subtitle F—Shared Responsibility for Health Care
PART I—INDIVIDUAL RESPONSIBILITY
Sec. 1501. Requirement to maintain minimum essential coverage.
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Sec. 1502. Reporting of health insurance coverage.
PART II—EMPLOYER RESPONSIBILITIES
Sec. 1511. Automatic enrollment for employees of large employers.
Sec. 1512. Employer requirement to inform employees of coverage options.
Sec. 1513. Shared responsibility for employers.
Sec. 1514. Reporting of employer health insurance coverage.
Sec. 1515. Offering of Exchange-participating qualified health plans through cafe-
teria plans.
Subtitle G—Miscellaneous Provisions
Sec. 1551.
Definitions.
Sec. 1552.
Transparency in government.
Sec. 1553.
Prohibition against discrimination on assisted suicide.
Sec. 1554.
Access to therapies.
Sec. 1555.
Freedom not to participate in Federal health insurance programs.
Sec. 1556.
Equity for certain eligible survivors.
Sec. 1557.
Nondiscrimination.
Sec. 1558.
Protections for employees.
Sec. 1559.
Oversight.
Sec. 1560.
Rules of construction.
Sec. 1561.
Health information technology enrollment standards and protocols.
Sec. 1562.
GAO study regarding the rate of denial of coverage and enrollment by
health insurance issuers and group health plans.
Sec. 1563. Small business procurement.
Sec. 1563 [sic]. Conforming amendments.
Sec. 1563 [sic]. Sense of the Senate promoting fiscal responsibility.
TITLE II—ROLE OF PUBLIC PROGRAMS
Subtitle A—Improved Access to Medicaid
Sec. 2001. Medicaid coverage for the lowest income populations.
Sec. 2002. Income eligibility for nonelderly determined using modified gross in-
come.
Sec. 2003. Requirement to offer premium assistance for employer-sponsored insur-
ance.
Sec. 2004. Medicaid coverage for former foster care children.
Sec. 2005. Payments to territories.
Sec. 2006. Special adjustment to FMAP determination for certain States recovering
from a major disaster.
Sec. 2007. Medicaid Improvement Fund rescission.
Subtitle B—Enhanced Support for the Children’s Health Insurance Program
Sec. 2101. Additional federal financial participation for CHIP.
Sec. 2102. Technical corrections.
Subtitle C—Medicaid and CHIP Enrollment Simplification
Sec. 2201. Enrollment Simplification and coordination with State Health Insurance
Exchanges.
Sec. 2202. Permitting hospitals to make presumptive eligibility determinations for
all Medicaid eligible populations.
Subtitle D—Improvements to Medicaid Services
Sec. 2301. Coverage for freestanding birth center services.
Sec. 2302. Concurrent care for children.
Sec. 2303. State eligibility option for family planning services.
Sec. 2304. Clarification of definition of medical assistance.
Subtitle E—New Options for States to Provide Long-Term Services and Supports
Sec. 2401. Community First Choice Option.
Sec. 2402. Removal of barriers to providing home and community-based services.
Sec. 2403. Money Follows the Person Rebalancing Demonstration.
Sec. 2404. Protection for recipients of home and community-based services against
spousal impoverishment.
Sec. 2405. Funding to expand State Aging and Disability Resource Centers.
Sec. 2406. Sense of the Senate regarding long-term care.
Subtitle F—Medicaid Prescription Drug Coverage
Sec. 2501. Prescription drug rebates.
Sec. 2502. Elimination of exclusion of coverage of certain drugs.
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Sec. 2503. Providing adequate pharmacy reimbursement.
Subtitle G—Medicaid Disproportionate Share Hospital (DSH) Payments
Sec. 2551. Disproportionate share hospital payments.
Subtitle H—Improved Coordination for Dual Eligible Beneficiaries
Sec. 2601. 5-year period for demonstration projects.
Sec. 2602. Providing Federal coverage and payment coordination for dual eligible
beneficiaries.
Subtitle I—Improving the Quality of Medicaid for Patients and Providers
Sec. 2701. Adult health quality measures.
Sec. 2702. Payment Adjustment for Health Care-Acquired Conditions.
Sec. 2703. State option to provide health homes for enrollees with chronic condi-
tions.
Sec. 2704. Demonstration project to evaluate integrated care around a hospitaliza-
tion.
Sec. 2705. Medicaid Global Payment System Demonstration Project.
Sec. 2706. Pediatric Accountable Care Organization Demonstration Project.
Sec. 2707. Medicaid emergency psychiatric demonstration project.
Subtitle II—Improvements to the Medicaid and CHIP Payment and Access
Commission (MACPAC)
Sec. 2801. MACPAC assessment of policies affecting all Medicaid beneficiaries.
Subtitle III—Protections for American Indians and Alaska Natives
Sec. 2901. Special rules relating to Indians.
Sec. 2902. Elimination of sunset for reimbursement for all medicare part B services
furnished by certain indian hospitals and clinics.
Subtitle IV—Maternal and Child Health Services
Sec. 2951. Maternal, infant, and early childhood home visiting programs.
Sec. 2952. Support, education, and research for postpartum depression.
Sec. 2953. Personal responsibility education.
Sec. 2954. Restoration of funding for abstinence education.
Sec. 2955. Inclusion of information about the importance of having a health care
power of attorney in transition planning for children aging out of foster
care and independent living programs.
TITLE III—IMPROVING THE QUALITY AND EFFICIENCY OF HEALTH CARE
Subtitle A—Transforming the Health Care Delivery System
PART 1—LINKING PAYMENT TO QUALITY OUTCOMES UNDER THE MEDICARE PROGRAM
Sec. 3001. Hospital Value-Based purchasing program.
Sec. 3002. Improvements to the physician quality reporting system.
Sec. 3003. Improvements to the physician feedback program.
Sec. 3004. Quality reporting for long-term care hospitals, inpatient rehabilitation
hospitals, and hospice programs.
Sec. 3005. Quality reporting for PPS-exempt cancer hospitals.
Sec. 3006. Plans for a Value-Based purchasing program for skilled nursing facilities
and home health agencies.
Sec. 3007. Value-based payment modifier under the physician fee schedule.
Sec. 3008. Payment adjustment for conditions acquired in hospitals.
PART 2—NATIONAL STRATEGY TO IMPROVE HEALTH CARE QUALITY
Sec. 3011. National strategy.
Sec. 3012. Interagency Working Group on Health Care Quality.
Sec. 3013. Quality measure development.
Sec. 3014. Quality measurement.
Sec. 3015. Data collection; public reporting.
PART 3—ENCOURAGING DEVELOPMENT OF NEW PATIENT CARE MODELS
Sec. 3021. Establishment of Center for Medicare and Medicaid Innovation within
CMS.
Sec. 3022. Medicare shared savings program.
Sec. 3023. National pilot program on payment bundling.
Sec. 3024. Independence at home demonstration program.
Sec. 3025. Hospital readmissions reduction program.
Sec. 3026. Community-Based Care Transitions Program.
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Sec. 3027. Extension of gainsharing demonstration.
Subtitle B—Improving Medicare for Patients and Providers
PART I—ENSURING BENEFICIARY ACCESS TO PHYSICIAN CARE AND OTHER SERVICES
Sec. 3101. øIncrease in the physician payment update¿ørepealed¿.
Sec. 3102. Extension of the work geographic index floor and revisions to the prac-
tice expense geographic adjustment under the Medicare physician fee
schedule.
Sec. 3103. Extension of exceptions process for Medicare therapy caps.
Sec. 3104. Extension of payment for technical component of certain physician pa-
thology services.
Sec. 3105. Extension of ambulance add-ons.
Sec. 3106. Extension of certain payment rules for long-term care hospital services
and of moratorium on the establishment of certain hospitals and facili-
ties.
Sec. 3107. Extension of physician fee schedule mental health add-on.
Sec. 3108. Permitting physician assistants to order post-Hospital extended care
services.
Sec. 3109. Exemption of certain pharmacies from accreditation requirements.
Sec. 3110. Part B special enrollment period for disabled TRICARE beneficiaries.
Sec. 3111. Payment for bone density tests.
Sec. 3112. Revision to the Medicare Improvement Fund.
Sec. 3113. Treatment of certain complex diagnostic laboratory tests.
Sec. 3114. Improved access for certified nurse-midwife services.
PART II—RURAL PROTECTIONS
Sec. 3121. Extension of outpatient hold harmless provision.
Sec. 3122. Extension of Medicare reasonable costs payments for certain clinical di-
agnostic laboratory tests furnished to hospital patients in certain rural
areas.
Sec. 3123. Extension of the Rural Community Hospital Demonstration Program.
Sec. 3124. Extension of the Medicare-dependent hospital (MDH) program.
Sec. 3125. Temporary improvements to the Medicare inpatient hospital payment
adjustment for low-volume hospitals.
Sec. 3126. Improvements to the demonstration project on community health inte-
gration models in certain rural counties.
Sec. 3127. MedPAC study on adequacy of Medicare payments for health care pro-
viders serving in rural areas.
Sec. 3128. Technical correction related to critical access hospital services.
Sec. 3129. Extension of and revisions to Medicare rural hospital flexibility program.
PART III—IMPROVING PAYMENT ACCURACY
Sec. 3131. Payment adjustments for home health care.
Sec. 3132. Hospice reform.
Sec. 3133. Improvement to medicare disproportionate share hospital (DSH) pay-
ments.
Sec. 3134. Misvalued codes under the physician fee schedule.
Sec. 3135. Modification of equipment utilization factor for advanced imaging serv-
ices.
Sec. 3136. Revision of payment for power-driven wheelchairs.
Sec. 3137. Hospital wage index improvement.
Sec. 3138. Treatment of certain cancer hospitals.
Sec. 3139. Payment for biosimilar biological products.
Sec. 3140. Medicare hospice concurrent care demonstration program.
Sec. 3141. Application of budget neutrality on a national basis in the calculation of
the Medicare hospital wage index floor.
Sec. 3142. HHS study on urban Medicare-dependent hospitals.
Sec. 3143. Protecting home health benefits.
Subtitle C—Provisions Relating to Part C
Sec. 3201. øMedicare Advantage payment¿ørepealed & replaced¿.
Sec. 3202. Benefit protection and simplification.
Sec. 3203. øApplication of coding intensity adjustment during MA payment transi-
tion¿ørepealed and replaced¿.
Sec. 3204. Simplification of annual beneficiary election periods.
Sec. 3205. Extension for specialized MA plans for special needs individuals.
Sec. 3206. Extension of reasonable cost contracts.
Sec. 3207. Technical correction to MA private fee-for-service plans.
Sec. 3208. Making senior housing facility demonstration permanent.
Sec. 3209. Authority to deny plan bids.
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Sec. 3210. Development of new standards for certain Medigap plans.
Subtitle D—Medicare Part D Improvements for Prescription Drug Plans and MA–
PD Plans
Sec. 3301. Medicare coverage gap discount program.
Sec. 3302. Improvement in determination of Medicare part D low-income bench-
mark premium.
Sec. 3303. Voluntary de minimis policy for subsidy eligible individuals under pre-
scription drug plans and MA–PD plans.
Sec. 3304. Special rule for widows and widowers regarding eligibility for low-in-
come assistance.
Sec. 3305. Improved information for subsidy eligible individuals reassigned to pre-
scription drug plans and MA–PD plans.
Sec. 3306. Funding outreach and assistance for low-income programs.
Sec. 3307. Improving formulary requirements for prescription drug plans and MA–
PD plans with respect to certain categories or classes of drugs.
Sec. 3308. Reducing part D premium subsidy for high-income beneficiaries.
Sec. 3309. Elimination of cost sharing for certain dual eligible individuals.
Sec. 3310. Reducing wasteful dispensing of outpatient prescription drugs in long-
term care facilities under prescription drug plans and MA–PD plans.
Sec. 3311. Improved Medicare prescription drug plan and MA–PD plan complaint
system.
Sec. 3312. Uniform exceptions and appeals process for prescription drug plans and
MA–PD plans.
Sec. 3313. Office of the Inspector General studies and reports.
Sec. 3314. Including costs incurred by AIDS drug assistance programs and Indian
Health Service in providing prescription drugs toward the annual out-
of-pocket threshold under part D.
Sec. 3315. øImmediate reduction in coverage gap in 2010¿ørepealed and replaced¿.
Subtitle E—Ensuring Medicare Sustainability
Sec. 3401. Revision of certain market basket updates and incorporation of produc-
tivity improvements into market basket updates that do not already in-
corporate such improvements.
Sec. 3402. Temporary adjustment to the calculation of part B premiums.
Sec. 3403. Independent øMedicare¿Payment Advisory Board.
Subtitle F—Health Care Quality Improvements
Sec. 3501. Health care delivery system research; Quality improvement technical as-
sistance.
Sec. 3502. Establishing community health teams to support the patient-centered
medical home.
Sec. 3503. Medication management services in treatment of chronic disease.
Sec. 3504. Design and implementation of regionalized systems for emergency care.
Sec. 3505. Trauma care centers and service availability.
Sec. 3506. Program to facilitate shared decisionmaking.
Sec. 3507. Presentation of prescription drug benefit and risk information.
Sec. 3508. Demonstration program to integrate quality improvement and patient
safety training into clinical education of health professionals.
Sec. 3509. Improving women’s health.
Sec. 3510. Patient navigator program.
Sec. 3511. Authorization of appropriations.
Sec. 3512. GAO study and report on causes of action.
Subtitle G—Protecting and Improving Guaranteed Medicare Benefits
Sec. 3601. Protecting and improving guaranteed Medicare benefits.
Sec. 3602. No cuts in guaranteed benefits.
TITLE IV—PREVENTION OF CHRONIC DISEASE AND IMPROVING PUBLIC
HEALTH
Subtitle A—Modernizing Disease Prevention and Public Health Systems
Sec. 4001. National Prevention, Health Promotion and Public Health Council.
Sec. 4002. Prevention and Public Health Fund.
Sec. 4003. Clinical and community Preventive Services.
Sec. 4004. Education and outreach campaign regarding preventive benefits.
Subtitle B—Increasing Access to Clinical Preventive Services
Sec. 4101. School-based health centers.
Sec. 4102. Oral healthcare prevention activities.
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Sec. 4103. Medicare coverage of annual wellness visit providing a personalized pre-
vention plan.
Sec. 4104. Removal of barriers to preventive services in Medicare.
Sec. 4105. Evidence-based coverage of preventive services in Medicare.
Sec. 4106. Improving access to preventive services for eligible adults in Medicaid.
Sec. 4107. Coverage of comprehensive tobacco cessation services for pregnant
women in Medicaid.
Sec. 4108. Incentives for prevention of chronic diseases in medicaid.
Subtitle C—Creating Healthier Communities
Sec. 4201. Community transformation grants.
Sec. 4202. Healthy aging, living well; evaluation of community-based prevention
and wellness programs for Medicare beneficiaries.
Sec. 4203. Removing barriers and improving access to wellness for individuals with
disabilities.
Sec. 4204. Immunizations.
Sec. 4205. Nutrition labeling of standard menu items at Chain Restaurants.
Sec. 4206. Demonstration project concerning individualized wellness plan.
Sec. 4207. Reasonable break time for nursing mothers.
Subtitle D—Support for Prevention and Public Health Innovation
Sec. 4301. Research on optimizing the delivery of public health services.
Sec. 4302. Understanding health disparities: data collection and analysis.
Sec. 4303. CDC and employer-based wellness programs.
Sec. 4304. Epidemiology-Laboratory Capacity Grants.
Sec. 4305. Advancing research and treatment for pain care management.
Sec. 4306. Funding for Childhood Obesity Demonstration Project.
Subtitle E—Miscellaneous Provisions
Sec. 4401. Sense of the Senate concerning CBO scoring.
Sec. 4402. Effectiveness of Federal health and wellness initiatives.
TITLE V—HEALTH CARE WORKFORCE
Subtitle A—Purpose and Definitions
Sec. 5001. Purpose.
Sec. 5002. Definitions.
Subtitle B—Innovations in the Health Care Workforce
Sec. 5101. National health care workforce commission.
Sec. 5102. State health care workforce development grants.
Sec. 5103. Health care workforce assessment.
Sec. 5104. Interagency task force to assess and improve access to health care in the
State of Alaska.
Subtitle C—Increasing the Supply of the Health Care Workforce
Sec. 5201. Federally supported student loan funds.
Sec. 5202. Nursing student loan program.
Sec. 5203. Health care workforce loan repayment programs.
Sec. 5204. Public health workforce recruitment and retention programs.
Sec. 5205. Allied health workforce recruitment and retention programs.
Sec. 5206. Grants for State and local programs.
Sec. 5207. Funding for National Health Service Corps.
Sec. 5208. Nurse-managed health clinics.
Sec. 5209. Elimination of cap on commissioned corps.
Sec. 5210. Establishing a Ready Reserve Corps.
Subtitle D—Enhancing Health Care Workforce Education and Training
Sec. 5301. Training in family medicine, general internal medicine, general pediat-
rics, and physician assistantship.
Sec. 5302. Training opportunities for direct care workers.
Sec. 5303. Training in general, pediatric, and public health dentistry.
Sec. 5304. Alternative dental health care providers demonstration project.
Sec. 5305. Geriatric education and training; career awards; comprehensive geriatric
education.
Sec. 5306. Mental and behavioral health education and training grants.
Sec. 5307. Cultural competency, prevention, and public health and individuals with
disabilities training.
Sec. 5308. Advanced nursing education grants.
Sec. 5309. Nurse education, practice, and retention grants.
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Sec. 5310. Loan repayment and scholarship program.
Sec. 5311. Nurse faculty loan program.
Sec. 5312. Authorization of appropriations for parts B through D of title VIII.
Sec. 5313. Grants to promote the community health workforce.
Sec. 5314. Fellowship training in public health.
Sec. 5315. United States Public Health Sciences Track.
Sec. 5316. Demonstration grants for family nurse practitioner training programs.
Subtitle E—Supporting the Existing Health Care Workforce
Sec. 5401. Centers of excellence.
Sec. 5402. Health care professionals training for diversity.
Sec. 5403. Interdisciplinary, community-based linkages.
Sec. 5404. Workforce diversity grants.
Sec. 5405. Primary care extension program.
Subtitle F—Strengthening Primary Care and Other Workforce Improvements
Sec. 5501. Expanding access to primary care services and general surgery services.
Sec. 5502. øMedicare Federally qualified health center improvements¿ørepealed¿.
Sec. 5503. Distribution of additional residency positions.
Sec. 5504. Counting resident time in nonprovider settings.
Sec. 5505. Rules for counting resident time for didactic and scholarly activities and
other activities.
Sec. 5506. Preservation of resident cap positions from closed hospitals.
Sec. 5507. Demonstration projects To address health professions workforce needs;
extension of family-to-family health information centers.
Sec. 5508. Increasing teaching capacity.
Sec. 5509. Graduate nurse education demonstration.
Subtitle G—Improving Access to Health Care Services
Sec. 5601. Spending for Federally Qualified Health Centers (FQHCs).
Sec. 5602. Negotiated rulemaking for development of methodology and criteria for
designating medically underserved populations and health professions
shortage areas.
Sec. 5603. Reauthorization of the Wakefield Emergency Medical Services for Chil-
dren Program.
Sec. 5604. Co-locating primary and specialty care in community-based mental
health settings.
Sec. 5605. Key National indicators.
Sec. 5606. State grants to health care providers who provide services to a high per-
centage of medically underserved populations or other special popu-
lations.
Subtitle H—General Provisions
Sec. 5701. Reports.
TITLE VI—TRANSPARENCY AND PROGRAM INTEGRITY
Subtitle A—Physician Ownership and Other Transparency
Sec. 6001. Limitation on Medicare exception to the prohibition on certain physician
referrals for hospitals.
Sec. 6002. Transparency reports and reporting of physician ownership or invest-
ment interests.
Sec. 6003. Disclosure requirements for in-office ancillary services exception to the
prohibition on physician self-referral for certain imaging services.
Sec. 6004. Prescription drug sample transparency.
Sec. 6005. Pharmacy benefit managers transparency requirements.
Subtitle B—Nursing Home Transparency and Improvement
PART 1—IMPROVING TRANSPARENCY OF INFORMATION
Sec. 6101. Required disclosure of ownership and additional disclosable parties in-
formation.
Sec. 6102. Accountability requirements for skilled nursing facilities and nursing fa-
cilities.
Sec. 6103. Nursing home compare Medicare website.
Sec. 6104. Reporting of expenditures.
Sec. 6105. Standardized complaint form.
Sec. 6106. Ensuring staffing accountability.
Sec. 6107. GAO study and report on Five-Star Quality Rating System.
PART 2—TARGETING ENFORCEMENT
Sec. 6111. Civil money penalties.
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Sec. 6112. National independent monitor demonstration project.
Sec. 6113. Notification of facility closure.
Sec. 6114. National demonstration projects on culture change and use of informa-
tion technology in nursing homes.
PART 3—IMPROVING STAFF TRAINING
Sec. 6121. Dementia and abuse prevention training.
Subtitle C—Nationwide Program for National and State Background Checks on
Direct Patient Access Employees of Long-term Care Facilities and Providers
Sec. 6201. Nationwide program for National and State background checks on direct
patient access employees of long-term care facilities and providers.
Subtitle D—Patient-Centered Outcomes Research
Sec. 6301. Patient-Centered Outcomes Research.
Sec. 6302. Federal coordinating council for comparative effectiveness research.
Subtitle E—Medicare, Medicaid, and CHIP Program Integrity Provisions
Sec. 6401. Provider screening and other enrollment requirements under Medicare,
Medicaid, and CHIP.
Sec. 6402. Enhanced Medicare and Medicaid program integrity provisions.
Sec. 6403. Elimination of duplication between the Healthcare Integrity and Protec-
tion Data Bank and the National Practitioner Data Bank.
Sec. 6404. Maximum period for submission of Medicare claims reduced to not more
than 12 months.
Sec. 6405. Physicians who order items or services required to be Medicare enrolled
physicians or eligible professionals.
Sec. 6406. Requirement for physicians to provide documentation on referrals to pro-
grams at high risk of waste and abuse.
Sec. 6407. Face to face encounter with patient required before physicians may cer-
tify eligibility for home health services or durable medical equipment
under Medicare.
Sec. 6408. Enhanced penalties.
Sec. 6409. Medicare self-referral disclosure protocol.
Sec. 6410. Adjustments to the Medicare durable medical equipment, prosthetics,
orthotics, and supplies competitive acquisition program.
Sec. 6411. Expansion of the Recovery Audit Contractor (RAC) program.
Subtitle F—Additional Medicaid Program Integrity Provisions
Sec. 6501. Termination of provider participation under Medicaid if terminated
under Medicare or other State plan.
Sec. 6502. Medicaid exclusion from participation relating to certain ownership,
control, and management affiliations.
Sec. 6503. Billing agents, clearinghouses, or other alternate payees required to reg-
ister under Medicaid.
Sec. 6504. Requirement to report expanded set of data elements under MMIS to
detect fraud and abuse.
Sec. 6505. Prohibition on payments to institutions or entities located outside of the
United States.
Sec. 6506. Overpayments.
Sec. 6507. Mandatory State use of national correct coding initiative.
Sec. 6508. General effective date.
Subtitle G—Additional Program Integrity Provisions
Sec. 6601.
Prohibition on false statements and representations.
Sec. 6602.
Clarifying definition.
Sec. 6603.
Development of model uniform report form.
Sec. 6604.
Applicability of State law to combat fraud and abuse.
Sec. 6605.
Enabling the Department of Labor to issue administrative summary
cease and desist orders and summary seizures orders against plans that
are in financially hazardous condition.
Sec. 6606. MEWA plan registration with Department of Labor.
Sec. 6607. Permitting evidentiary privilege and confidential communications.
Subtitle H—Elder Justice Act
Sec. 6701. Short title of subtitle.
Sec. 6703. Elder Justice.
Subtitle I—Sense of the Senate Regarding Medical Malpractice
Sec. 6801. Sense of the Senate regarding medical malpractice.
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TITLE VII—IMPROVING ACCESS TO INNOVATIVE MEDICAL THERAPIES
Subtitle A—Biologics Price Competition and Innovation
Sec. 7001. Short title.
Sec. 7002. Approval pathway for biosimilar biological products.
Sec. 7003. Savings.
Subtitle B—More Affordable Medicines for Children and Underserved Communities
Sec. 7101. Expanded participation in 340B program.
Sec. 7102. Improvements to 340B program integrity.
Sec. 7103. GAO study to make recommendations on improving the 340B program.
TITLE VIII—CLASS ACT
Sec. 8001. Short title of title.
Sec. 8002. Establishment of national voluntary insurance program for purchasing
community living assistance services and support.
TITLE IX—REVENUE PROVISIONS
Subtitle A—Revenue Offset Provisions
Sec. 9001. Excise tax on high cost employer-sponsored health coverage.
Sec. 9002. Inclusion of cost of employer-sponsored health coverage on W–2.
Sec. 9003. Distributions for medicine qualified only if for prescribed drug or insulin.
Sec. 9004. Increase in additional tax on distributions from HSAs and Archer MSAs
not used for qualified medical expenses.
Sec. 9005. Limitation on health flexible spending arrangements under cafeteria
plans.
Sec. 9006. Expansion of information reporting requirements.
Sec. 9007. Additional requirements for charitable hospitals.
Sec. 9008. Imposition of annual fee on branded prescription pharmaceutical manu-
facturers and importers.
Sec. 9009. øImposition of annual fee on medical device manufacturers and import-
ers¿ørepealed and replaced¿.
Sec. 9010. Imposition of annual fee on health insurance providers.
Sec. 9011. Study and report of effect on veterans health care.
Sec. 9012. Elimination of deduction for expenses allocable to Medicare Part D sub-
sidy.
Sec. 9013. Modification of itemized deduction for medical expenses.
Sec. 9014. Limitation on excessive remuneration paid by certain health insurance
providers.
Sec. 9015. Additional hospital insurance tax on high-income taxpayers.
Sec. 9016. Modification of section 833 treatment of certain health organizations.
Sec. 9017. øExcise tax on elective cosmetic medical procedures¿ønullified¿.
Subtitle B—Other Provisions
Sec. 9021. Exclusion of health benefits provided by Indian tribal governments.
Sec. 9022. Establishment of simple cafeteria plans for small businesses.
Sec. 9023. Qualifying therapeutic discovery project credit.
TITLE X—STRENGTHENING QUALITY, AFFORDABLE HEALTH CARE FOR
ALL AMERICANS
Subtitle A—Provisions Relating to Title I
Sec. 10101. Amendments to subtitle A øamendments fully incorporated above¿.
Sec. 10102. Amendments to subtitle B øamendments fully incorporated above¿.
Sec. 10103. Amendments to subtitle C øamendments fully incorporated above¿.
Sec. 10104. Amendments to subtitle D.
Sec. 10105. Amendments to subtitle E øamendments fully incorporated above¿.
Sec. 10106. Amendments to subtitle F øamendments fully incorporated above¿.
Sec. 10107. Amendments to subtitle G øamendments fully incorporated above¿.
Sec. 10108. Free choice vouchers.
Sec. 10109. Development of standards for financial and administrative trans-
actions.
Subtitle B—Provisions Relating to Title II
PART 1—MEDICAID AND CHIP
Sec. 10201. Amendments to the Social Security Act and title II of this Act.
Sec. 10202. Incentives for States to offer home and community-based services as a
long-term care alternative to nursing homes.
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April 23, 2010 (6:12 p.m.)
Sec. 10203. Extension of funding for CHIP through fiscal year 2015 and other
CHIP-related provisions.
PART 2—SUPPORT FOR PREGNANT AND PARENTING TEENS AND WOMEN
Sec. 10212. Establishment of pregnancy assistance fund.
Sec. 10213. Permissible uses of Fund.
Sec. 10214. Appropriations.
PART 3—INDIAN HEALTH CARE IMPROVEMENT
Sec. 10221. Indian health care improvement.
Subtitle C—Provisions Relating to Title III
Sec. 10301. Plans for a Value-Based purchasing program for ambulatory surgical
centers øamendments fully incorporated above¿.
Sec. 10302. Revision to national strategy for quality improvement in health care
øamendments fully incorporated above¿.
Sec. 10303. Development of outcome measures.
Sec. 10304. Selection of efficiency measures øamendments fully incorporated
above¿.
Sec. 10305. Data collection; public reporting øamendments fully incorporated
above¿.
Sec. 10306. Improvements under the Center for Medicare and Medicaid Innovation
Sec. 10307. Improvements to the Medicare shared savings program øamendments
fully incorporated above¿.
Sec. 10308. Revisions to national pilot program on payment bundling øamendments
Sec. 10309. Revisions to hospital readmissions reduction program øamendments
Sec. 10310. Repeal of physician payment update øamendments fully incorporated
above¿.
Sec. 10311. Revisions to extension of ambulance add-ons øamendments fully incor-
porated above¿.
Sec. 10312. Certain payment rules for long-term care hospital services and morato-
rium on the establishment of certain hospitals and facilities øamend-
ments fully incorporated above¿.
Sec. 10313. Revisions to the extension for the rural community hospital demonstra-
tion program øamendments fully incorporated above¿.
Sec. 10314. Adjustment to low-volume hospital provision øamendments fully incor-
porated above¿.
Sec. 10315. Revisions to home health care provisions øamendments fully incor-
porated above¿.
Sec. 10316. Medicare DSH øamendments fully incorporated above¿.
Sec. 10317. Revisions to extension of section 508 hospital provisions øamendments
Sec. 10318. Revisions to transitional extra benefits under Medicare Advantage
Sec. 10319. Revisions to market basket adjustments øamendments fully incor-
porated above¿.
Sec. 10320. Expansion of the scope of, and additional improvements to, the Inde-
pendent Medicare Advisory Board.
Sec. 10321. Revision to community health teams øamendments fully incorporated
above¿.
Sec. 10322. Quality reporting for psychiatric hospitals.
Sec. 10323. Medicare coverage for individuals exposed to environmental health haz-
ards.
Sec. 10324. Protections for frontier States.
Sec. 10325. Revision to skilled nursing facility prospective payment system.
Sec. 10326. Pilot testing pay-for-performance programs for certain Medicare pro-
viders.
Sec. 10327. Improvements to the physician quality reporting system.
Sec. 10328. Improvement in part D medication therapy management (MTM) pro-
grams.
Sec. 10329. Developing methodology to assess health plan value.
Sec. 10330. Modernizing computer and data systems of the Centers for Medicare &
Medicaid services to support improvements in care delivery.
Sec. 10331. Public reporting of performance information.
Sec. 10332. Availability of medicare data for performance measurement.
Sec. 10333. Community-based collaborative care networks.
Sec. 10334. Minority health.
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April 23, 2010 (6:12 p.m.)
Sec. 10335. Technical correction to the hospital value-based purchasing program
Sec. 10336. GAO study and report on Medicare beneficiary access to high-quality
dialysis services.
Subtitle D—Provisions Relating to Title IV
Sec. 10401. Amendments to subtitle A øamendments fully incorporated above¿.
Sec. 10402. Amendments to subtitle B øamendments fully incorporated above¿.
Sec. 10403. Amendments to subtitle C øamendments fully incorporated above¿.
Sec. 10404. Amendments to subtitle D øamendments fully incorporated above¿.
Sec. 10405. Amendments to subtitle E øamendments fully incorporated above¿.
Sec. 10406. Amendment relating to waiving coinsurance for preventive services
Sec. 10407. Better diabetes care.
Sec. 10408. Grants for small businesses to provide comprehensive workplace
wellness programs.
Sec. 10409. Cures Acceleration Network.
Sec. 10410. Centers of Excellence for Depression.
Sec. 10411. Programs relating to congenital heart disease.
Sec. 10412. Automated Defibrillation in Adam’s Memory Act.
Sec. 10413. Young women’s breast health awareness and support of young women
diagnosed with breast cancer.
Subtitle E—Provisions Relating to Title V
Sec. 10501. Amendments to the Public Health Service Act, the Social Security Act,
and title V of this Act.
Sec. 10502. Infrastructure to Expand Access to Care.
Sec. 10503. Community Health Centers and the National Health Service Corps
Fund.
Sec. 10504. Demonstration project to provide access to affordable care.
Subtitle F—Provisions Relating to Title VI
Sec. 10601. Revisions to limitation on medicare exception to the prohibition on cer-
tain physician referrals for hospitals øamendments fully incorporated
above¿.
Sec. 10602. Clarifications to patient-centered outcomes research øamendments fully
incorporated above¿.
Sec. 10603. Striking provisions relating to individual provider application fees
Sec. 10604. Technical correction to section 6405 øamendments fully incorporated
above¿.
Sec. 10605. Certain other providers permitted to conduct face to face encounter for
home health services øamendments fully incorporated above¿.
Sec. 10606. Health care fraud enforcement.
Sec. 10607. State demonstration programs to evaluate alternatives to current med-
ical tort litigation.
Sec. 10608. Extension of medical malpractice coverage to free clinics.
Sec. 10609. Labeling changes.
Subtitle G—Provisions Relating to Title VIII
Sec. 10801. Provisions relating to title VIII øamendments fully incorporated above¿.
Subtitle H—Provisions Relating to Title IX
Sec. 10901. Modifications to excise tax on high cost employer-sponsored health cov-
erage øamendments fully incorporated above¿.
Sec. 10902. Inflation adjustment of limitation on health flexible spending arrange-
ments under cafeteria plans øamendments fully incorporated above¿.
Sec. 10903. Modification of limitation on charges by charitable hospitals øamend-
ments fully incorporated above¿.
Sec. 10904. Modification of annual fee on medical device manufacturers and im-
porters øamendments fully incorporated above¿.
Sec. 10905. Modification of annual fee on health insurance providers øamendments
Sec. 10906. Modifications to additional hospital insurance tax on high-income tax-
payers øamendments fully incorporated above¿.
Sec. 10907. Excise tax on indoor tanning services in lieu of elective cosmetic med-
ical procedures øsubstitutes for section 9017 of PPACA¿.
Sec. 10908. Exclusion for assistance provided to participants in State student loan
repayment programs for certain health professionals.
Sec. 10909. Expansion of adoption credit and adoption assistance programs.
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April 23, 2010 (6:12 p.m.)
1401(b), is amended by adding at the end the following new

subsection:
‘‘(h) CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES OF
SMALL EMPLOYERS.—øAs revised by section 10105(e)(3)¿ No deduc-
tion shall be allowed for that portion of the premiums for qualified
health plans (as defined in section 1301(a) of the Patient Protection
and Affordable Care Act), or for health insurance coverage in the
case of taxable years beginning in 2010, 2011, 2012, or 2013, paid
by an employer which is equal to the amount of the credit deter-
mined under section 45R(a) with respect to the premiums.’’.
(2) DEDUCTION FOR EXPIRING CREDITS.—Section 196(c) of
such Code is amended by striking ‘‘and’’ at the end of paragraph
(12), by striking the period at the end of paragraph (13) and
inserting ‘‘, and’’, and by adding at the end the following new
paragraph:
‘‘(14) the small employer health insurance credit deter-
mined under section 45R(a).’’.
(e) CLERICAL AMENDMENT.—The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
‘‘Sec. 45R. Employee health insurance expenses of small employers.’’.
(f) EFFECTIVE DATES.—øAs revised by section 10105(e)(4)¿
(1) IN GENERAL.—The amendments made by this section
shall apply to amounts paid or incurred in taxable years begin-
ning after December 31, 2009.
(2) MINIMUM TAX.—The amendments made by subsection
(c) shall apply to credits determined under section 45R of
the Internal Revenue Code of 1986 in taxable years beginning
after December 31, 2009, and to carrybacks of such credits.
Subtitle F—Shared Responsibility for

Health Care
PART I—INDIVIDUAL RESPONSIBILITY
SEC. 1501. REQUIREMENT TO MAINTAIN MINIMUM ESSENTIAL COV-
ERAGE.
(a) FINDINGS.—Congress makes the following findings:
(1) IN GENERAL.—The individual responsibility requirement
provided for in this section (in this subsection referred to as
the ‘‘requirement’’) is commercial and economic in nature, and
substantially affects interstate commerce, as a result of the
effects described in paragraph (2).
(2) EFFECTS ON THE NATIONAL ECONOMY AND INTERSTATE
COMMERCE.—øReplaced by section 10106(a)¿ The effects
described in this paragraph are the following:
(A) The requirement regulates activity that is commer-
cial and economic in nature: economic and financial
decisions about how and when health care is paid for,
and when health insurance is purchased. In the absence
of the requirement, some individuals would make an eco-
nomic and financial decision to forego health insurance
coverage and attempt to self-insure, which increases finan-
cial risks to households and medical providers.
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April 23, 2010 (6:12 p.m.)
(B) Health insurance and health care services are a

significant part of the national economy. National health
spending is projected to increase from $2,500,000,000,000,
or 17.6 percent of the economy, in 2009 to
$4,700,000,000,000 in 2019. Private health insurance
spending is projected to be $854,000,000,000 in 2009, and
pays for medical supplies, drugs, and equipment that are
shipped in interstate commerce. Since most health insur-
ance is sold by national or regional health insurance compa-
nies, health insurance is sold in interstate commerce and
claims payments flow through interstate commerce.
(C) The requirement, together with the other provisions
of this Act, will add millions of new consumers to the
health insurance market, increasing the supply of, and
demand for, health care services, and will increase the
number and share of Americans who are insured.
(D) The requirement achieves near-universal coverage
by building upon and strengthening the private employer-
based health insurance system, which covers 176,000,000
Americans nationwide. In Massachusetts, a similar require-
ment has strengthened private employer-based coverage:
despite the economic downturn, the number of workers
offered employer-based coverage has actually increased.
(E) The economy loses up to $207,000,000,000 a year
because of the poorer health and shorter lifespan of the
uninsured. By significantly reducing the number of the
uninsured, the requirement, together with the other provi-
sions of this Act, will significantly reduce this economic
cost.
(F) The cost of providing uncompensated care to the
uninsured was $43,000,000,000 in 2008. To pay for this
cost, health care providers pass on the cost to private
insurers, which pass on the cost to families. This cost-
shifting increases family premiums by on average over
$1,000 a year. By significantly reducing the number of
the uninsured, the requirement, together with the other
provisions of this Act, will lower health insurance pre-
miums.
(G) 62 percent of all personal bankruptcies are caused
in part by medical expenses. By significantly increasing
health insurance coverage, the requirement, together with
the other provisions of this Act, will improve financial
security for families.
(H) Under the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1001 et seq.), the Public Health
Service Act (42 U.S.C. 201 et seq.), and this Act, the Federal
Government has a significant role in regulating health
insurance. The requirement is an essential part of this
larger regulation of economic activity, and the absence
of the requirement would undercut Federal regulation of
the health insurance market.
(I) Under sections 2704 and 2705 of the Public Health
Service Act (as added by section 1201 of this Act), if there
were no requirement, many individuals would wait to pur-
chase health insurance until they needed care. By signifi-
cantly increasing health insurance coverage, the require-
ment, together with the other provisions of this Act, will
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April 23, 2010 (6:12 p.m.)
minimize this adverse selection and broaden the health

insurance risk pool to include healthy individuals, which
will lower health insurance premiums. The requirement
is essential to creating effective health insurance markets
in which improved health insurance products that are
guaranteed issue and do not exclude coverage of pre-
existing conditions can be sold.
(J) Administrative costs for private health insurance,
which were $90,000,000,000 in 2006, are 26 to 30 percent
of premiums in the current individual and small group
markets. By significantly increasing health insurance cov-
erage and the size of purchasing pools, which will increase
economies of scale, the requirement, together with the other
provisions of this Act, will significantly reduce administra-
tive costs and lower health insurance premiums. The
requirement is essential to creating effective health insur-
ance markets that do not require underwriting and elimi-
nate its associated administrative costs.
(3) SUPREME COURT RULING.—In United States v. South-
Eastern Underwriters Association (322 U.S. 533 (1944)), the
Supreme Court of the United States ruled that insurance is
interstate commerce subject to Federal regulation.
(b) IN GENERAL.—Subtitle D of the Internal Revenue Code
of 1986 is amended by adding at the end the following new chapter:
‘‘CHAPTER 48—MAINTENANCE OF MINIMUM ESSENTIAL

COVERAGE
‘‘Sec. 5000A. Requirement to maintain minimum essential coverage.
‘‘SEC. 5000A. REQUIREMENT TO MAINTAIN MINIMUM ESSENTIAL COV-

ERAGE.
‘‘(a) REQUIREMENT TO MAINTAIN MINIMUM ESSENTIAL COV-
ERAGE.—An applicable individual shall for each month beginning
after 2013 ensure that the individual, and any dependent of the
individual who is an applicable individual, is covered under min-
imum essential coverage for such month.
‘‘(b) SHARED RESPONSIBILITY PAYMENT.—
‘‘(1) IN GENERAL.—øReplaced by section 10106(b)¿ If a tax-
payer who is an applicable individual, or an applicable indi-
vidual for whom the taxpayer is liable under paragraph (3),
fails to meet the requirement of subsection (a) for 1 or more
months, then, except as provided in subsection (e), there is
hereby imposed on the taxpayer a penalty with respect to
such failures in the amount determined under subsection (c).
‘‘(2) INCLUSION WITH RETURN.—Any penalty imposed by
this section with respect to any month shall be included with
a taxpayer’s return under chapter 1 for the taxable year which
includes such month.
‘‘(3) PAYMENT OF PENALTY.—If an individual with respect
to whom a penalty is imposed by this section for any month—
‘‘(A) is a dependent (as defined in section 152) of
another taxpayer for the other taxpayer’s taxable year
including such month, such other taxpayer shall be liable
for such penalty, or
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April 23, 2010 (6:12 p.m.)
‘‘(B) files a joint return for the taxable year including

such month, such individual and the spouse of such indi-
vidual shall be jointly liable for such penalty.
‘‘(c) AMOUNT OF PENALTY.—øParagraphs (1) and (2) were revised
in their entirety by section 10106(b)(2)¿
‘‘(1) IN GENERAL.—The amount of the penalty imposed by
this section on any taxpayer for any taxable year with respect
to failures described in subsection (b)(1) shall be equal to the
lesser of—
‘‘(A) the sum of the monthly penalty amounts deter-
mined under paragraph (2) for months in the taxable year
during which 1 or more such failures occurred, or
‘‘(B) an amount equal to the national average premium
for qualified health plans which have a bronze level of
coverage, provide coverage for the applicable family size
involved, and are offered through Exchanges for plan years
beginning in the calendar year with or within which the
taxable year ends.
‘‘(2) MONTHLY PENALTY AMOUNTS.—For purposes of para-
graph (1)(A), the monthly penalty amount with respect to any
taxpayer for any month during which any failure described
in subsection (b)(1) occurred is an amount equal to 1⁄12 of
the greater of the following amounts:
‘‘(A) FLAT DOLLAR AMOUNT.—An amount equal to the
lesser of—
‘‘(i) the sum of the applicable dollar amounts for
all individuals with respect to whom such failure
occurred during such month, or
‘‘(ii) 300 percent of the applicable dollar amount
(determined without regard to paragraph (3)(C)) for
the calendar year with or within which the taxable
year ends.
‘‘(B) PERCENTAGE OF INCOME.—øAs revised by section
1002(a)(1) of HCERA¿ An amount equal to the following
percentage of the excess of the taxpayer’s household income
for the taxable year over the amount of gross income speci-
fied in section 6012(a)(1) with respect to the taxpayer for
the taxable year:
‘‘(i) 1.0 percent for taxable years beginning in 2014.
‘‘(ii) 2.0 percent for taxable years beginning in
2015.
‘‘(iii) 2.5 percent for taxable years beginning after
2015.
‘‘(3) APPLICABLE DOLLAR AMOUNT.—øAs revised by section
10106(b)(3) and by section 1002(a)(2) of HCERA¿ For purposes
of paragraph (1)—
‘‘(A) IN GENERAL.—Except as provided in subpara-
graphs (B) and (C), the applicable dollar amount is $695.
‘‘(B) PHASE IN.—The applicable dollar amount is $95
for 2014 and $325 for 2015.
‘‘(C) SPECIAL RULE FOR INDIVIDUALS UNDER AGE 18.—
If an applicable individual has not attained the age of
18 as of the beginning of a month, the applicable dollar
amount with respect to such individual for the month shall
be equal to one-half of the applicable dollar amount for
the calendar year in which the month occurs.
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April 23, 2010 (6:12 p.m.)
‘‘(D) INDEXING OF AMOUNT.—In the case of any calendar

year beginning after 2016, the applicable dollar amount
shall be equal to $695, increased by an amount equal
to—
‘‘(i) $695, multiplied by
‘‘(ii) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year, determined
by substituting ‘calendar year 2015’ for ‘calendar year
1992’ in subparagraph (B) thereof.
If the amount of any increase under clause (i) is not a
multiple of $50, such increase shall be rounded to the
next lowest multiple of $50.
‘‘(4) TERMS RELATING TO INCOME AND FAMILIES.—For pur-
poses of this section—
‘‘(A) FAMILY SIZE.—The family size involved with
respect to any taxpayer shall be equal to the number of
individuals for whom the taxpayer is allowed a deduction
under section 151 (relating to allowance of deduction for
personal exemptions) for the taxable year.
‘‘(B) HOUSEHOLD INCOME.—The term ‘household
income’ means, with respect to any taxpayer for any taxable
year, an amount equal to the sum of—øshown to reflect
probable amendment made by section 1004(a)(1)(C) of
HCERA¿
‘‘(i) the modified adjusted gross income of the tax-
payer, plus
‘‘(ii) the aggregate modified adjusted gross incomes
of all other individuals who—
‘‘(I) were taken into account in determining
the taxpayer’s family size under paragraph (1),
and
‘‘(II) were required to file a return of tax
imposed by section 1 for the taxable year.
‘‘(C) MODIFIED ADJUSTED GROSS INCOME.—øReplaced
by section 1004(a)(2)(B)¿ The term ‘modified adjusted gross
income’ means adjusted gross income increased by—
‘‘(i) any amount excluded from gross income under
section 911, and
‘‘(ii) any amount of interest received or accrued
by the taxpayer during the taxable year which is
exempt from tax.
‘‘(d) APPLICABLE INDIVIDUAL.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘applicable individual’ means,
with respect to any month, an individual other than an indi-
vidual described in paragraph (2), (3), or (4).
‘‘(2) RELIGIOUS EXEMPTIONS.—
‘‘(A) RELIGIOUS CONSCIENCE EXEMPTION.—øReplaced by
section 10106(c)¿ Such term shall not include any indi-
vidual for any month if such individual has in effect an
exemption under section 1311(d)(4)(H) of the Patient
Protection and Affordable Care Act which certifies that
such individual is—
‘‘(i) a member of a recognized religious sect or
division thereof which is described in section
1402(g)(1), and
‘‘(ii) an adherent of established tenets or teachings
of such sect or division as described in such section.
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April 23, 2010 (6:12 p.m.)
‘‘(B) HEALTH CARE SHARING MINISTRY.—

‘‘(i) IN GENERAL.—Such term shall not include any
individual for any month if such individual is a member
of a health care sharing ministry for the month.
‘‘(ii) HEALTH CARE SHARING MINISTRY.—The term
‘health care sharing ministry’ means an organization—
‘‘(I) which is described in section 501(c)(3) and
is exempt from taxation under section 501(a),
‘‘(II) members of which share a common set
of ethical or religious beliefs and share medical
expenses among members in accordance with those
beliefs and without regard to the State in which
a member resides or is employed,
‘‘(III) members of which retain membership
even after they develop a medical condition,
‘‘(IV) which (or a predecessor of which) has
been in existence at all times since December 31,
1999, and medical expenses of its members have
been shared continuously and without interruption
since at least December 31, 1999, and
‘‘(V) which conducts an annual audit which
is performed by an independent certified public
accounting firm in accordance with generally
accepted accounting principles and which is made
available to the public upon request.
‘‘(3) INDIVIDUALS NOT LAWFULLY PRESENT.—Such term shall
not include an individual for any month if for the month the
individual is not a citizen or national of the United States
or an alien lawfully present in the United States.
‘‘(4) INCARCERATED INDIVIDUALS.—Such term shall not
include an individual for any month if for the month the indi-
vidual is incarcerated, other than incarceration pending the
disposition of charges.
‘‘(e) EXEMPTIONS.—No penalty shall be imposed under sub-
section (a) with respect to—
‘‘(1) INDIVIDUALS WHO CANNOT AFFORD COVERAGE.—
‘‘(A) IN GENERAL.—Any applicable individual for any
month if the applicable individual’s required contribution
(determined on an annual basis) for coverage for the month
exceeds 8 percent of such individual’s household income
for the taxable year described in section 1412(b)(1)(B) of
the Patient Protection and Affordable Care Act. For pur-
poses of applying this subparagraph, the taxpayer’s house-
hold income shall be increased by any exclusion from gross
income for any portion of the required contribution made
through a salary reduction arrangement.
‘‘(B) REQUIRED CONTRIBUTION.—For purposes of this
paragraph, the term ‘required contribution’ means—
‘‘(i) in the case of an individual eligible to purchase
minimum essential coverage consisting of coverage
through an eligible-employer-sponsored plan, the por-
tion of the annual premium which would be paid by
the individual (without regard to whether paid through
salary reduction or otherwise) for self-only coverage,
or
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April 23, 2010 (6:12 p.m.)
‘‘(ii) in the case of an individual eligible only to

purchase minimum essential coverage described in sub-
section (f)(1)(C), the annual premium for the lowest
cost bronze plan available in the individual market
through the Exchange in the State in the rating area
in which the individual resides (without regard to
whether the individual purchased a qualified health
plan through the Exchange), reduced by the amount
of the credit allowable under section 36B for the tax-
able year (determined as if the individual was covered
by a qualified health plan offered through the
Exchange for the entire taxable year).
‘‘(C) SPECIAL RULES FOR INDIVIDUALS RELATED TO
EMPLOYEES.—øReplaced by section 10106(d)¿ For purposes
of subparagraph (B)(i), if an applicable individual is eligible
for minimum essential coverage through an employer by
reason of a relationship to an employee, the determination
under subparagraph (A) shall be made by reference to
required contribution of the employee.
‘‘(D) INDEXING.—In the case of plan years beginning
in any calendar year after 2014, subparagraph (A) shall
be applied by substituting for ‘8 percent’ the percentage
the Secretary of Health and Human Services determines
reflects the excess of the rate of premium growth between
the preceding calendar year and 2013 over the rate of
income growth for such period.
‘‘(2) TAXPAYERS WITH INCOME BELOW FILING THRESHOLD.—
øAs revised by section 1002(b)(2) of HCERA¿ Any applicable
individual for any month during a calendar year if the individ-
ual’s household income for the taxable year described in section
1412(b)(1)(B) of the Patient Protection and Affordable Care
Act is less than the amount of gross income specified in section
6012(a)(1) with respect to the taxpayer.
‘‘(3) MEMBERS OF INDIAN TRIBES.—Any applicable individual
for any month during which the individual is a member of
an Indian tribe (as defined in section 45A(c)(6)).
‘‘(4) MONTHS DURING SHORT COVERAGE GAPS.—
‘‘(A) IN GENERAL.—Any month the last day of which
occurred during a period in which the applicable individual
was not covered by minimum essential coverage for a
continuous period of less than 3 months.
‘‘(B) SPECIAL RULES.—For purposes of applying this
paragraph—
‘‘(i) the length of a continuous period shall be deter-
mined without regard to the calendar years in which
months in such period occur,
‘‘(ii) if a continuous period is greater than the
period allowed under subparagraph (A), no exception
shall be provided under this paragraph for any month
in the period, and
‘‘(iii) if there is more than 1 continuous period
described in subparagraph (A) covering months in a
calendar year, the exception provided by this para-
graph shall only apply to months in the first of such
periods.
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April 23, 2010 (6:12 p.m.)
The Secretary shall prescribe rules for the collection of

the penalty imposed by this section in cases where contin-
uous periods include months in more than 1 taxable year.
‘‘(5) HARDSHIPS.—Any applicable individual who for any
month is determined by the Secretary of Health and Human
Services under section 1311(d)(4)(H) to have suffered a hardship
with respect to the capability to obtain coverage under a quali-
fied health plan.
‘‘(f) MINIMUM ESSENTIAL COVERAGE.—For purposes of this sec-
tion—
‘‘(1) IN GENERAL.—The term ‘minimum essential coverage’
means any of the following:
‘‘(A) GOVERNMENT SPONSORED PROGRAMS.—Coverage
under—
‘‘(i) the Medicare program under part A of title
XVIII of the Social Security Act,
‘‘(ii) the Medicaid program under title XIX of the
Social Security Act,
‘‘(iii) the CHIP program under title XXI of the
Social Security Act,
‘‘(iv) the TRICARE for Life program,
‘‘(v) the veteran’s health care program under
chapter 17 of title 38, United States Code, or
‘‘(vi) a health plan under section 2504(e) of title
22, United States Code (relating to Peace Corps volun-
teers).
‘‘(B) EMPLOYER-SPONSORED PLAN.—Coverage under an
eligible employer-sponsored plan.
‘‘(C) PLANS IN THE INDIVIDUAL MARKET.—Coverage
under a health plan offered in the individual market within
a State.
‘‘(D) GRANDFATHERED HEALTH PLAN.—Coverage under
a grandfathered health plan.
‘‘(E) OTHER COVERAGE.—Such other health benefits cov-
erage, such as a State health benefits risk pool, as the
Secretary of Health and Human Services, in coordination
with the Secretary, recognizes for purposes of this sub-
section.
‘‘(2) ELIGIBLE EMPLOYER-SPONSORED PLAN.—The term
‘eligible employer-sponsored plan’ means, with respect to any
employee, a group health plan or group health insurance cov-
erage offered by an employer to the employee which is—
‘‘(A) a governmental plan (within the meaning of sec-
tion 2791(d)(8) of the Public Health Service Act), or
‘‘(B) any other plan or coverage offered in the small
or large group market within a State.
Such term shall include a grandfathered health plan described
in paragraph (1)(D) offered in a group market.
‘‘(3) EXCEPTED BENEFITS NOT TREATED AS MINIMUM ESSEN-
TIAL COVERAGE.—The term ‘minimum essential coverage’ shall
not include health insurance coverage which consists of cov-
erage of excepted benefits—
‘‘(A) described in paragraph (1) of subsection (c) of
section 2791 of the Public Health Service Act; or
‘‘(B) described in paragraph (2), (3), or (4) of such
subsection if the benefits are provided under a separate
policy, certificate, or contract of insurance.
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April 23, 2010 (6:12 p.m.)
‘‘(4) INDIVIDUALS RESIDING OUTSIDE UNITED STATES OR RESI-

DENTS OF TERRITORIES.—Any applicable individual shall be
treated as having minimum essential coverage for any month—
‘‘(A) if such month occurs during any period described
in subparagraph (A) or (B) of section 911(d)(1) which is
applicable to the individual, or
‘‘(B) if such individual is a bona fide resident of any
possession of the United States (as determined under sec-
tion 937(a)) for such month.
‘‘(5) INSURANCE-RELATED TERMS.—Any term used in this
section which is also used in title I of the Patient Protection
and Affordable Care Act shall have the same meaning as when
used in such title.
‘‘(g) ADMINISTRATION AND PROCEDURE.—
‘‘(1) IN GENERAL.—The penalty provided by this section
shall be paid upon notice and demand by the Secretary, and
except as provided in paragraph (2), shall be assessed and
collected in the same manner as an assessable penalty under
subchapter B of chapter 68.
‘‘(2) SPECIAL RULES.—Notwithstanding any other provision
of law—
‘‘(A) WAIVER OF CRIMINAL PENALTIES.—In the case of
any failure by a taxpayer to timely pay any penalty imposed
by this section, such taxpayer shall not be subject to any
criminal prosecution or penalty with respect to such failure.
‘‘(B) LIMITATIONS ON LIENS AND LEVIES.—The Secretary
shall not—
‘‘(i) file notice of lien with respect to any property
of a taxpayer by reason of any failure to pay the
penalty imposed by this section, or
‘‘(ii) levy on any such property with respect to
such failure.’’.
(c) CLERICAL AMENDMENT.—The table of chapters for subtitle
D of the Internal Revenue Code of 1986 is amended by inserting
after the item relating to chapter 47 the following new item:
‘‘CHAPTER 48—MAINTENANCE OF MINIMUM ESSENTIAL COVERAGE.’’.
(d) EFFECTIVE DATE.—The amendments made by this section

shall apply to taxable years ending after December 31, 2013.
SEC. 1502. REPORTING OF HEALTH INSURANCE COVERAGE.
(a) IN GENERAL.—Part III of subchapter A of chapter 61 of
the Internal Revenue Code of 1986 is amended by inserting after
subpart C the following new subpart:
‘‘Subpart D—Information Regarding Health

Insurance Coverage
‘‘Sec. 6055. Reporting of health insurance coverage.
‘‘SEC. 6055. REPORTING OF HEALTH INSURANCE COVERAGE.

‘‘(a) IN GENERAL.—Every person who provides minimum essen-
tial coverage to an individual during a calendar year shall, at
such time as the Secretary may prescribe, make a return described
in subsection (b).
‘‘(b) FORM AND MANNER OF RETURN.—
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April 23, 2010 (6:12 p.m.)

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Case 2:10-cv-00076-KS-MTP Document 14-1 Filed 08/01/10 Page 1 of 22

One Hundred Eleventh Congress

Begun and held at the City of Washington on Tuesday,

Be it enacted by the Senate and House of Representatives of

1401(b), is amended by adding at the end the following new

Subtitle F—Shared Responsibility for

(B) Health insurance and health care services are a

minimize this adverse selection and broaden the health

‘‘CHAPTER 48—MAINTENANCE OF MINIMUM ESSENTIAL

‘‘Sec. 5000A. Requirement to maintain minimum essential coverage.

‘‘SEC. 5000A. REQUIREMENT TO MAINTAIN MINIMUM ESSENTIAL COV-

‘‘(B) files a joint return for the taxable year including

‘‘(D) INDEXING OF AMOUNT.—In the case of any calendar

‘‘(B) HEALTH CARE SHARING MINISTRY.—

‘‘(ii) in the case of an individual eligible only to

The Secretary shall prescribe rules for the collection of

‘‘(4) INDIVIDUALS RESIDING OUTSIDE UNITED STATES OR RESI-

(d) EFFECTIVE DATE.—The amendments made by this section

‘‘Subpart D—Information Regarding Health

‘‘SEC. 6055. REPORTING OF HEALTH INSURANCE COVERAGE.

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